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Public Law 84-99 Levee Repairs



This information is a general guideline regarding repairs to flood-damaged levee systems and flood damage reduction projects (FDR) within the 78,000 square-mile jurisdiction of the Rock Island District Corps of Engineers following a flood event.  This information does not include all the details concerning the review and approval process for repairs to levees and FDR projects and these guidelines are not a guarantee of federal assistance.

1.  Repairs.  Federal government policy regarding repairs to levee systems and flood control projects damaged by floods is as follows:

            a.  Federally constructed or enhanced/locally maintained systems (in PL 84-99 program):  Will be repaired by the federal government at 100 percent federal cost.  Pending letter of request by maintaining authority and funding by Congress.

            b.  Non-federally constructed/locally maintained systems (in PL 84-99 program):  Will be repaired by the federal government at 80 percent federal/20 percent local cost share.  Pending letter of request by maintaining authority and funding by Congress.

            c.  Federally constructed or enhanced/locally maintained systems AND non-federally constructed or enhanced/locally maintained systems (NOT in PL 84-99 program):  Will NOT be repaired by the federal government.

            NOTE:  Repairs can only be made to pre-event conditions.  No improvements or enhancements with federal funding are authorized.

2.  PL 84-99 Program (Public Law 84-99; Flood and Coastal Storm Emergencies).

             a.  Repair Authorization.  Levee systems and/or flood control projects are authorized for repairs if damaged by a flood event when the levee system is within the Corps' PL 84-99 program.  To be included in the PL 84-99 program, a levee system or flood control project must be routinely inspected by the Corps of Engineers and found to meet Corps of Engineers construction standards and to be maintained in a fashion that does not deter from its structural integrity.

             b.  Structural Integrity.  The following conditions will lessen the integrity of a levee system and/or flood control project and may result in a Corps of Engineers determination that the levee system/flood control project does not meet Corps of Engineers standards:

                         1)  Burrow holes (mammal or man-made)

                        2)  Tree growth (roots degrade structure/tree weight causes undue stress)

                        3)  Erosion

                        4)  Any other condition determined to be a detriment to the structure

Maintaining authority will be notified of failure to meet Corps standards.  The maintaining authority will be provided ample time to correct deficiencies.  If deficiencies are not corrected, the levee system/flood control project will be removed from the PL 84-99 program and become ineligible for federally assisted repairs if damages are incurred due to a flood event.